DCIT, CC, DEHRADUN vs. NISHANT MALIK, RISHIKESH

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ITA 19/DDN/2019Status: DisposedITAT Dehradun12 November 2021AY 2014-152 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable due to the low tax effect, as per CBDT clarification. Consequently, the assessee's cross-objection also became infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel argued that the tax effect of the disputed amount was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the monetary limit for tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN BENCH DEHRADUN

Before: SHRI AMIT SHUKLA & SHRI Dr. B.R.R. KUMAR

For Appellant: Shri N.C. Upadhyay, Sr.DR
For Respondent: Shri Rajesh Malhotra, CA

Heard together (2 matters)

I.T.A. No.19/DDN/2019
CO No.18/DDN/2019

Read from the judgment's own cause title. This page is filed under one of them.

PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 21.02.2019 passed by Commissioner of Income Tax (Appeals)-IV, Kanpur for the Assessment Year 2014-15.

2.

Before us, ld. counsel for the assessee submitted that the tax effect on disputed amount as raised in the Revenue’s appeal is much below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, the appeal of the Revenue is not maintainable.

3.

Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. Accordingly, the appeal of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs. Thus, the appeal filed by the Revenue is dismissed.

6.

Since, the appeal of the Revenue is dismissed on low tax effect; therefore, the Cross Objection of the assessee does not survive as has become infructuous. Thus, the Cross Objection of the assessee is dismissed as has become infructuous.

7.

In the result, the appeal of the Revenue and the Cross Objection of the assessee are dismissed.

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